Information Warfare, Revolutions in Military Affairs, and International Law
ABSTRACT
International law is relevant to information warfare and the revolution in military affairs. This paper analyzes traditional laws of war or international humanitarian law, and human rights law, in terms of applicability to information warfare. For the purpose of this analysis, the revolution in military affairs is subsumed within information warfare. There is a requirement in international law for signatories to the Geneva Conventions to assess new forms of warfare in terms of lawfulness. It seems that such analyses have been performed but results remain secret. This paper concludes it is likely that many aspects of information warfare and associated information operations involve unlawful actions. Information warfare is taking on a scope far wider than traditional battlefield operations of warfare, but this broad definition of warfare is consistent with the concept of warfare set out by Grotius, who is perhaps the key founder of international law. There is no good reason why many principles of international law do not apply to non-state actors. A further jurisprudential conclusion is that current developments in human rights law may be leading to the emergence of a new codified international personal law that is independent of custom or religion.
AUTHORS
Institute of Business and Law, Bournemouth University
UK
Geoffrey Darnton is currently Head of Knowledge Transfer in the Institute of Business and Law at Bournemouth University. Previous work has included researching econometric techniques to monitor arms control agreements and sociometric techniques used to increase the political acceptability of various foreign adventures by certain nation states. He edited the summary and judgment for the London Nuclear Warfare Tribunal. His specialist field is information systems.
Published In
Journal of Information Warfare
The definitive publication for the best and latest research and analysis on information warfare, information operations, and cyber crime. Available in traditional hard copy or online.
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